Interim Order PO-4498-I: Freedom of Information and Protection of Privacy Act Decision

Strategic Insights -

The Ontario Information and Privacy Commissioner has made an interim decision in the case of PA23-00403, a Freedom of Information and Protection of Privacy Act (FIPPA) appeal. The matter concerns a request for records relating to OPP employees stationed at specific addresses during a specified time period. The Ministry of the Solicitor General denied access to the records under sections 14(1) and 21(1) of FIPPA. However, the Information and Privacy Commissioner (IPC) has ordered the ministry to provide the records to the IPC, citing the need for efficient and effective review of the appeal.

Key Takeaways:

  • The appellant requested records from the OPP regarding employee details, including numbers, duties, and operational responsibilities, during a specific time period.
  • The Ministry of the Solicitor General denied access to the records under sections 14(1) law enforcement exemption and 21(1) mandatory personal privacy exemption.
  • The Information and Privacy Commissioner (IPC) ordered the ministry to provide the records to the IPC, citing sections 52(4) and 56(2) of FIPPA.
  • The IPC must be able to retain a copy of the record until the resolution of the appeal and any reconsideration and judicial review period.
  • The ministry claimed that the records withheld under section 14(1) are "highly sensitive," but provided no further information as to why the records cannot be provided to the IPC.
  • The IPC has ordered the ministry to provide a copy of the records to the IPC by March 29, 2024.

Statistics:

  • The request for records was made under FIPPA on August 11, 2022.
  • The Ministry of the Solicitor General denied access to the records on an unspecified date.
  • The Information and Privacy Commissioner ordered the ministry to provide the records to the IPC on March 15, 2024.
  • The records must be provided to the IPC by March 29, 2024.
  • The appeal is PA23-00403.

Sources:

  • Ontario Information and Privacy Commissioner's interim decision on PA23-00403, February 2024.
  • Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56, as amended.
  • IPC Code of Procedure, section 10.01.